IMPORTANT POINT
Offence under Section 376 IPC is non-compoundable – By simply entering into compromise, charges cannot be said to have been mitigated or quashed as offence is against dignity of women as well as public interest.

ORDER

The petitioner has filed the present petition under Section 482 of CrPC for quashment of FIR dated 03/05/2024 and quashment of the proceedings u/s376,506,376(2)(n),201 of the IPC & chargesheet dated 14/06/2024 and subsequent proceedings arising out of crime no.164/2024 registered by P.S. Palasia, Indore on 03/05/2024 S.T. No.417/2024 pending before District and Session Judge, Indore.

2. As per the prosecution story, prosecutrix made complaint against the applicant regarding physically exploitation and having relationship by breaking trust and developed physical relationship. It is alleged against the applicant that, on February 2022 Prosecutrix met with present applicant in Mithya Club Indore. Then they started talking with each other. The proposal for marriage was made by the present applicant which was verbally accepted by the complainant. Thereafter the present applicant has started visiting her house. Due to the love affair present applicant used to take complainant to house, hotels and outside Indore for establishing physical relations. The present applicant always used to tell the complainant that when he settled down once after that he would marry her. Present applicant told her that he had a home loan for which complainant had given him Rs. 70,000/- to 1 Lack rupees to the present applicant. Present applicant and complainant also visited places like Goa, Mumbai, and Pachmarhi. During this time, the complainant suspected that the present applicant was also in contact with another girls. Due to this, a quarrel took place between the two and the present applicant started to abuse and also assaulted her. He had made cruel physical relations with, the complainant due to which complainant body get injured. Complainant came to know that present applicant used to lure innocent girls with his words and establish physical relationship with them under the pretext of marrying them.On 16/03/2024 present applicant went her house and tried to have physical relations with her when the complainant refused, objectionable photos and videos were shown her from his phone. He threatened that if she decline to make physical relationship with him, he would make the videos and photos viral. Under the threat of making the video viral, forced physical relations were established with her.

3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has not committed any offence. Prosecutrix is a major lady and it is a case of consent therefore no case u/s 376(2)(n) can be made out against the present applicant. In this case both the parties have amicably settled and resolved their dispute and do not want to prosecute the case. On these grounds counsel for the applicant prays for quashment of FIR and charges framed against the applicant by the learned Trial Court. She has also placed reliance in the judgement passed by Hon’ble Apex Court in the case of Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 46, Gian Singh v. State of Punjab, (2012) 10 SCC 303 and also in the judgment passed by this High Court in Misc. Criminal Case No.790 of 2021, Arvind Rajoriya vs The State of Madhya Pradesh on 20 May, 2024, Shailendra Singh Lodhi Vs. State of Madhya Pradesh on 31 May, 2024.

4. Learned counsel for the objector has expressed his no objection and submitted that since both the parties have settled their dispute, the matter is not called for further criminal trial and the criminal proceedings may be quashed.

5. Learned Govt. Advocate has opposed the prayer made by learned counsel for the applicant by submitting that the said offence is of henious nature. It is also submitted that the law laid down by Hon’ble Apex Court in the case of Narinder Singh and Ors. Vs. State of Punjab and Anr. (supra), Gian Singh Vs. State of Punjab (supra), it is not mandated that the offence of rape can be compounded.

6. I have heard the counsel for the parties and perused the record.

7. From the face of rec